It seems that since the employer had, on several occasions, told the employee that her mode of dress was distracting; and since she had not modified her mode of dress, that she could be terminated legally. However, the nature of some of the employer's comments borders on sexual harassment. If the employee had filled over the comments, rather than waiting until she was terminated; the outcome of the suit may have been different.

say the employee was wearing a top that purposely highlighted her breasts? That IS distracting for a normal male and imo, is not sexual discrimination. In fact I think the female employee is sexually harrasing the man with her half exposed breasts.

It also depends on what he told her and how he said it.

1 - could you please dress more modestly, your attire is too distracting

BUT, what doesn't come through in the opinion, is that she claims that she always wore medical scrubs. And he employed her for a dozen years? Still seems crazy - but I agree with you, as stated above, re the comments.

And I've been on both sides of these types of case, and it seems the worse cases always happen in the medical profession. The god complex? (attorneys know, deep down, we're not as smart).